InkElites LMS

CHARACTER EVIDENCE

LAW OF EVIDENCE | Page 1 of 6
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CHARACTER DEFINED Character is defined in BLDict as personality traits… a person’s moral standing in a community based on reputation or opinion. It is what he is in fact- Plato Films V Speidel[1]. Nwadialo sees it as general reputation as opposed to evidence of particular acts. Section 77 EA 2011 sees it as “reputation as distinguished from disposition… evidence of general reputation and not of particular acts”. Same noted in R V Rowton, R V Redgrave. Character may be used buttress or cast doubt on credibility-Emoga V State[2], Dogo V State[3] R V Aziz[4]. See Section 223 EA which allows you to discredit a person[5]. Character Evidence in CIVIL CASES: Section 78 evidence of character is inadmissible except in so far as such character appears from facts otherwise relevant. I.e. Character becomes relevant where it is in issue. In civil proceedings, character is also Relevant in the following situations. Calculation of Damages: Section 79; … the fact that the character of any person is such as to affect the amount of damages which he ought to receive may be given in evidence.-Scott V Simpson court noted that bad character of spouse may reduce damages awarded in an action for Adultery and seduction. Also Butterworth V Butterworth[6]. Verry V Watkins[7]. Breach of Promise to marry: The character of the parties would be accessed. If the fiancé is a runs girl, the court may hold that the man was right in refusing to marry her. Bad character was used in Jones V Jones[8]. Reckless Driving/Negligence: it can be shown that the defendant has been convicted of dangerous driving before. Defamation: by Section 80 the defendant can give evidence of the plaintiff’s character provided he obtains the leave of the judge and had notified the plaintiff (7 days earlier) that he